TheInformation Technology (Intermediary Guidelines and Digital Media Ethics Code)Rules 2021 has been framed in exercise of powers under section 87 (2) of theInformation Technology Act, 2000 and in supersession of the earlier InformationTechnology (Intermediary Guidelines) Rules 2011.
TheMinistries of Electronics and Information Technology and Ministry ofInformation and Broadcasting undertook elaborate consultations among themselvesin relation to social media platform as well as digital media and OTT platformsetc before finalizing these guidelines.
Part-II of these Rules shall be administered by Ministry of Electronics and IT,while Part-III relating to Code of Ethics and procedure and safeguards inrelation to digital media shall be administered by the Ministry of Informationand Broadcasting.
GuidelinesRelated to Social Media to Be Administered by Ministry of Electronics and IT:
Due Diligence To Be Followed By Intermediaries: The Rules prescribe due diligence that must be followed byintermediaries, including social media intermediaries. In case, due diligenceis not followed by the intermediary, safe harbor provisions will not apply tothem.
Grievance Redressal Mechanism: The Rules seek to empower the users by mandating theintermediaries, including social media intermediaries, to establish a grievanceredressal mechanism for receiving resolving complaints from the users orvictims. Intermediaries shall appoint a Grievance Officer to deal with suchcomplaints and share the name and contact details of such officer. GrievanceOfficer shall acknowledge the complaint within twenty four hours and resolve itwithin fifteen days from its receipt.
Ensuring Online Safety and Dignity of Users, Specially WomenUsers: Intermediaries shall remove ordisable access within 24 hours of receipt of complaints of contents thatexposes the private areas of individuals, show such individuals in full orpartial nudity or in sexual act or is in the nature of impersonation includingmorphed images etc. Such a complaint can be filed either by the individual orby any other person on his/her behalf.
Two Categories of Social Media Intermediaries: To encourage innovations and enable growth of new socialmedia intermediaries without subjecting smaller platforms to significantcompliance requirement, the Rules make a distinction between social mediaintermediaries and significant social media intermediaries.
This distinction is based on the number of users on thesocial media platform. Government is empowered to notify the threshold of userbase that will distinguish between social media intermediaries and significantsocial media intermediaries. The Rules require the significant social mediaintermediaries to follow certain additional due diligence.
Additional Due Diligence to Be Followed by SignificantSocial Media Intermediary:
Appoint a Chief Compliance Officer who shall beresponsible for ensuring compliance with the Act and Rules. Such a personshould be a resident in India.
Appoint a Nodal Contact Person for 24x7 coordinationwith law enforcement agencies. Such a person shall be a resident in India.
Appoint a Resident Grievance Officer who shallperform the functions mentioned under Grievance Redressal Mechanism. Such aperson shall be a resident in India.
Publish a monthly compliance report mentioning thedetails of complaints received and action taken on the complaints as well asdetails of contents removed proactively by the significant social mediaintermediary.
Significant social media intermediaries providing servicesprimarily in the nature of messaging shall enable identification of thefirst originator of the information that is required only for the purposesof prevention, detection, investigation, prosecution or punishment of anoffence related to sovereignty and integrity of India, the security of theState, friendly relations with foreign States, or public order or of incitementto an offence relating to the above or in relation with rape, sexually explicitmaterial or child sexual abuse material punishable with imprisonment for a termof not less than five years.
Intermediary shall not be required to disclosethe contents of any message or any other information to the firstoriginator.
Significant social media intermediary shall have a physicalcontact address in India published on its website or mobile app or both.
Voluntary User Verification Mechanism: Users who wish to verify their accounts voluntarily shallbe provided an appropriate mechanism to verify their accounts and provided withdemonstrable and visible mark of verification.
Giving Users An Opportunity to Be Heard: In cases where significant social media intermediariesremoves or disables access to any information on their own accord, then a priorintimation for the same shall be communicated to the user who has shared thatinformation with a notice explaining the grounds and reasons for such action.Users must be provided an adequate and reasonable opportunity to dispute theaction taken by the intermediary.
Removal of Unlawful Information:An intermediary upon receiving actual knowledge in the formof an order by a court or being notified by the Appropriate Govt. or itsagencies through authorized officer should not host or publish any informationwhich is prohibited under any law in relation to the interest of thesovereignty and integrity of India, public order, friendly relations withforeign countries etc.
The Rules will come in effect from the date of theirpublication in the gazette, except for the additional due diligence forsignificant social media intermediaries, which shall come in effect 3months after publication of these Rules.